Dunlap v. Snyder
New York Supreme Court
This was an appeal ■ from a judgment of the Montgomery county court. The action was for tilling a dog. The defense was first, a denial, secondly that the tilling was done in defense of the defendant’s person from an attack of the dog; that he was dangerous and mischievous and accustomed to bite mankind, which the plaintiff well knew, and did not kill him; that he attacked the defendant in the night, and was a nuisance, and as such liable to be killed.
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This was an appeal ■ from a judgment of the Montgomery county court. The action was for tilling a dog. The defense was first, a denial, secondly that the tilling was done in defense of the defendant’s person from an attack of the dog; that he was dangerous and mischievous and accustomed to bite mankind, which the plaintiff well knew, and did not kill him; that he attacked the defendant in the night, and was a nuisance, and as such liable to be killed. On the trial before the justice the plaintiff proved the killing of the dog, in the night time. The witness testified to certain good qualities…
1Opinion of the CourtC. L. Allen, J.
The first objection raised by the defendant in this case is, that the justice improperly permitted witnesses to swear to their opinions as to the value of tlie dog. The decisions of the courts in this state are somewhat conflicting as to the rule in relation to the opinions of witnesses. In Brill v. Flagler, (23 Wend. 356,) a majority of the court were of opinion that evidence as to the value of a well broke setter dog was barely competent, and that the answers of the witnesses depended in a measure upon their skill and judgment in respect to those animals. Bronson, justice, dissented from…
2Cases cited5 opinions
- Harger v. EdmondsNew York Supreme Court · 1848
- Putnam v. PayneNew York Supreme Court · 1816
- Maxwell v. PalmertonNew York Supreme Court · 1839
- Goff v. KiltsNew York Supreme Court · 1836
- Brill & Brill v. FlaglerNew York Supreme Court · 1840
3Cited by9 opinions
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Aldrich v. WrightSupreme Court of New Hampshire · 1873
- Bowers v. HorenMichigan Supreme Court · 1892
- Blauvelt v. ClevelandAppellate Division of the Supreme Court of the State of New York · 1921
- Benkard v. BabcockThe Superior Court of New York City · 1864
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